Advertisement
 June 28, 2017  Past Issues

Editor's note: Due to the holiday next week,
there will be no Iowa Lawyer Weekly on July 5.


Supreme Court orders new policy on weapons

In an order released June 19, the Iowa Supreme Court announced its establishment of a new policy prohibiting weapons from courtrooms, court-controlled spaces and public areas of courthouses and other justice centers occupied by the court system.

Prior to the order, 72 counties prohibited weapons in courtrooms and other judicial-branch-controlled spaces in courthouses whether by county ordinance or administrative order of the chief judge. This provides a uniform standard across the state, but also allows for the chief judge of each district to partner with local officials to develop additional policies and procedures. 

The full order is available at the Court’s website, along with maps of counties that already had a ban in place.


More than 600 attorneys attend 2017 Annual Meeting

The 2017 ISBA Annual Meeting was held June 19-21 at the Iowa Events Center in Des Moines. More than 600 attorneys and more than 200 judges and judicial staff members attended all or part of the annual meeting CLE seminars and events. Over 80 presentations in 25 educational tracks were available for attendees to choose from.

There were also numerous social events held as part of the festivities, including the Annual Awards Gala. At this event incoming ISBA President Stephen Eckley was sworn in, Guy Cook of Des Moines was presented with the 2017 Award of Merit and Stephen Jackson from Cedar Rapids was recognized with the Rolland Grefe Pro Bono Publico award. To view photos from the Annual Awards Gala, please visit this ISBA Facebook album.

There was also a major push by ISBA leadership this year to encourage more young attorneys to attend the annual meeting, by making the CLE registration free for ISBA members in their first through third years of practice. More than 150 young attorneys who fell into that category registered to attend the annual meeting as a result. The YLD also hosted a new social event: a tailgate party in the parking lot of the ISBA headquarters. To view photos from this event, please visit the YLD Facebook page.

Look for a complete recap of the 2017 Annual Meeting in the upcoming July issue of The Iowa Lawyer magazine.


Supreme Court orders modification of bond schedule

After a review of the Uniform Bond Schedule, the Iowa Supreme Court Judicial Council determined that changes were needed in the bond amounts applied when court is not in session. In an order released June 23, violations of Iowa Code sections 124.401(1)(a)-(c) were determined to be included in the general class “B” and “C” amounts of $25,000 and $10,000 respectively.

According to the order, the judicial council also identified crimes for which bond cannot be set until the arrested individual is seen by a judicial officer. It also states that judicial officers will exercise discretion in accordance with the factors in Iowa Code section 811.2 when setting a bond, but are not bound by the bond schedule when court is not in session.

The new Uniform Bond Schedule will take effect on July 1. The full list of bonds and crimes that do not allow for bond without an appearance before a judicial officer are available in the order.



Fee increase for Iowa Title Guaranty Mortgage Release Certificate Program

The Iowa Title Guaranty Mortgage Release Certificate Program application fee will increase to $200 on July 1 and will impact all applications received on or after that date. The application fee remains non-refundable and is waived for applications made through the Rapid Certificate Program.

The Iowa Title Guaranty Mortgage Release Certificate program is a statutory program designed to assist with releasing mortgages that were paid off but were not properly released. For more information about the program application or the Mortgage Release Certificate requirements, please visit IowaTitleGuaranty.gov.


Iowa attorneys raise $90,000 to send impoverished Belize children to high school

The 7th annual Books & Bricks for Belize fundraiser, organized by Iowa attorneys and led by Drake University Law School Professor James Albert, raised $90,000 this year for scholarships for children in Belize.

The auction event was held on Thursday, June 22, at the Stine Barn in West Des Moines, with more than 350 people in attendance.

As a result of the donations, the James Arthur Albert Foundation will be able to send 220 children in Belize to high school next year, and an additional 20 students to university. The organization will also be able to purchase approximately $20,000 in steel and walls for new classroom construction in Belize.

For more information, visit helpingbelizekids.org or read the article about Professor Albert’s foundation in the June issue of The Iowa Lawyer.

For those still interested in donating, the mailing address for the foundation is 4460 91st Street, Urbandale, Iowa 50322.


IRS reminder: Make sure client tax ID numbers don’t expire

The IRS is reminding tax preparers to make sure the individuals for whom they prepare tax returns -- or may prepare returns in the future -- renew their Individual Tax Identification Numbers (ITIN) if they meet these criteria:

1) Their ITIN hasn’t been used on a tax return for 2014, 2015, or 2016.

2) Their ITIN includes the digits 70, 71, 72 or 80 in the middle, as in 9NN-70-NNNN.

Individuals who meet one or both of these criteria will see their ITIN expire on Dec. 31 of this year, and must renew it before that time to be able to file their 2017 taxes.

Click here to access a resource that provides information on expiring ITINs, including frequently asked questions on the subject.


SUPREME COURT OPINIONS

No. 14-1670
STATE OF IOWA vs. JARROD DALE MAJORS
Jarrod Dale Majors challenges the district court’s imposition of a minimum term of incarceration without the possibility of parole following a resentencing hearing in which the district court was to consider certain mitigating factors attributable to his youth at the time of the offense.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT SENTENCE VACATED AND CASE REMANDED WITH INSTRUCTIONS

No. 15-0175
STATE OF IOWA vs. CHRISTOPHER RYAN LEE ROBY
Christopher Ryan Lee Roby challenges the district court’s imposition of a minimum term of incarceration without the possibility of parole following a resentencing hearing in which the district court was to consider certain mitigating factors attributable to his youth at the time of the offense.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT SENTENCE VACATED AND CASE REMANDED WITH INSTRUCTIONS

No. 15-0328
TOM BRAKKE and RHONDA BRAKKE d/b/a/ PINE RIDGE HUNTING LODGE, and McBRA, INC. vs. IOWA DEPARTMENT OF NATURAL RESOURCES and IOWA NATURAL RESOURCE COMMISSION
The Iowa Department of Natural Resources appeals from a district court order ruling an emergency order was outside of its legislative grant of authority.
AFFIRMED

No. 15-2016
MELISSA STENDER vs. ANTHONY ZANE BLESSUM
A jury trial was held on plaintiff’s claims of legal malpractice, assault and battery, and punitive damages. The jury returned verdicts in favor of the defendant on the submitted legal malpractice claims and in favor of the plaintiff on the assault and battery claim. The jury also awarded the plaintiff damages and punitive damages. The plaintiff appeals and the defendant cross appeals.
AFFIRMED

No. 15-0574
TINA HASKENHOFF vs. HOMELAND ENERGY SOLUTIONS, LLC
Employer appeals judgment on jury verdict for plaintiff on claims
for sexual harassment and retaliation.
 
DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED FOR NEW TRIAL

No. 15-1515
STATE OF IOWA vs. EDDIE TIPTON
Defendant seeks further review of his conviction for one count of attempting to fraudulently pass or redeem a lottery ticket and one count of tampering with lottery equipment. 
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART AND CASE REMANDED

No. 15-1606
STATE OF IOWA vs. CHRISTOPHER CLAY McNEAL
The State seeks further review of a court of appeals decision reversing the defendant’s convictions on speedy trial grounds and remanding for dismissal. 
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED

No. 16-0609
STATE OF IOWA vs. ZACHARY RYAN JAMES
The district court granted the State’s motion to regulate discovery and prevented the defendant from issuing ex parte subpoenas duces tecum on third parties without notice to the State. 
AFFIRMED

No. 16-0807
STATE OF IOWA vs. ANDREW LEE RUSSELL
The defendant appeals a district court order granting the State’s motion to regulate discovery that prevents the defendant from issuing ex parte investigatory subpoenas duces tecum. 
AFFIRMED


IN OTHER NEWS
High court to hear case of cake shop that refused to bake for same-sex wedding
The Supreme Court has agreed to take up a case on whether the owner of a Colorado cake shop can refuse to provide service to same-sex couples due to his religious beliefs about marriage.
Iowa Public Radio

20 best law schools for avoiding six-figure student debt
If you’re considering a career in law, you’re probably looking at the most affordable schools to minimize law school debt – and you should.
USA Today

Parents explain 'heartbreaking' surrogacy case, headed to the Supreme Court
A first-of-its-kind case is being appealed to the Iowa Supreme Court following a surrogate pregnancy during which the relationship between the surrogate and Paul and Chantele Montover completely broke down.
WQAD

Iowa man plans to again serve as own attorney, but with help
A Charles City man granted on a new sex abuse trial over concerns about his representing himself at trial plans to again serve as his own attorney.
KWWL

 

Advertisement

TIPS & TRICKS

6 things lawyers must do before going on vacation

How to properly care for your shirts, ties and suits

3 signs your lack of confidence is getting out of hand

What to talk about when you don't know what you're talking about

Summer school tips for pre-law students


JOB LISTINGS

Chief Operating Officer - Iowa Department of Administrative Services, Des Moines, IA

United States Marine Judge Advocate, United States Marine Corps, U.S.

Attorney - DeKoter, Thole, Dawson & Rockman, P.L.C., Sibley, IA

Associate Attorney - Krahmer, Shaffer & Edmundson, Ltd., Fairmont, MN

Exchange Officer - IPE 1031, West Des Moines, IA

Executive Director - Iowa Legal Aid, Des Moines, IA

Full/Part-time Attorney - The Sayer Law Group, P.C., Waterloo, IA

Chief Deputy Clerk - United States District Court, Northern District of Iowa, Cedar Rapids, IA

Litigation Director - Disability Rights Iowa, Des Moines, IA

Associate Attorney - Reynolds & Kenline, L.L.P., Dubuque, IA

Deputy Counsel - The University of Iowa, Iowa City, IA

Labor & Employment Associate - Faegre Baker Daniels, Des Moines, IA

Litigation Attorney - McGrath North Mullin & Kratz, PC LLO, Omaha, NE

Intellectual Property, Data Security and Privacy Attorney - McGrath North Mullin & Kratz, PC LLO, Omaha, NE

Associate Counsel - Iowa State University, Ames, IA

Associate Attorney - McEnroe, Gotsdiner, Brewer, Steinbach & Rothman, P.C., West Des Moines, IA


ADMISSION ON MOTION

The following individual applied for admission on motion to the Iowa Bar:

Aaron Marr Page, Forum Nobis, Washington, D.C.


Anyone with questions or comments on the above should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.


SOCIALIZE WITH US!



Tweet with us on 
Twitter

Be our fan on
Facebook
Connect through
LinkedIn
Follow us on
Google+

Watch us on
YouTube